WAR DEPARTMENT, OFFICE INDIAN AFFAIRS,

_December 29, 1840_.

Hon. J.R. POINSETT,

_Secretary of War_.

SIR: A treaty made with the Miami tribe of Indians in the State of

Indiana on the 28th day of November last for the residue of their lands

in that State has been unexpectedly received.

Great anxiety has been manifested by the citizens of Indiana and made

known by their representatives in both Houses of Congress that a cession

of the Miami land should be procured, and it seems to have been met by

a correspondent disposition on the part of the leading men among the

Indians. On the 25th May last a communication was received from General

Samuel Milroy, subagent, etc., expressing the belief that the Miamies

would treat and that their principal chief was desirous before the close

of his life, now drawing near, to effect a negotiation, as in his

opinion the emigration or extinction of the tribe were the alternatives

before them, and suggesting that the most judicious course would be to

conduct the business informally at the annuity payment. In reply he was

informed on the 2d July that the Department did not open negotiations

for the purchase of Indian lands unless thereto previously authorized by

Congress, and that at the request of a portion of the representation of

Indiana an estimate had been furnished of the sum that would be required

to hold a treaty, and that if the presumed intention of obtaining the

estimate should be realized an effort would be made to execute the

purpose for which the appropriation would be obtained. (Extracts from

these letters, so far as they relate to the subject, are herewith sent,

marked A.[86]) On the 31st July he renewed the subject, accompanied by

an extract of a letter of 22d July to himself from Allen Hamilton, esq.,

the confidential friend of Chief Richardville, urging the propriety of

a negotiation. (B.[86])

On the 12th August, no appropriation having been made by Congress, a

letter was addressed to you by the Hon. O.H. Smith, of the Senate of the

United States from Indiana, inclosing a letter from Mr. Hamilton, dated

on the 11th, urging the vast importance of treating with the Miamies,

as well to them as to the State, and giving the reasons which in the

judgment of both led to the conclusion that their particular case should

form an exception to the general rule that obtains in regard of Indian

treaties, and recommending strongly the appointment of General Milroy as

a suitable person to conduct the negotiation. A communication of similar

character (except the last feature), dated 20th August, was received

from Mr. Milroy. The letter of the Hon. Mr. Smith was referred by you to

this office, and on the 27th August, after a conference with you on the

subject, I replied that exceptions to the rule stated might under very

peculiar circumstances exist, but that as the Senate certainly, and

it was believed the House too, had rejected an application for an

appropriation, the opening of a negotiation might be considered to be

opposed to an expression of legislative opinion. In answer to the

suggestion that little or perhaps no expense need be incurred, as the

treaty could be made at the payment of the annuities, it was remarked

that the consideration money must necessarily be large, as the Miami

lands were very valuable, and an appropriation of it required, which

Congress might be disinclined to grant after what had happened; that it

was therefore deemed advisable to decline treating, and that perhaps a

future application for legislative sanction might be more successful.

Of this letter a copy was sent to General Milroy as a reply on the

subject in hand to his communication of 31st July, and his letter of

20th August was further answered on 2d September. (C.[86])

In consequence of the representations referred to, and probably others

which did not reach me, you addressed me an unofficial note on 14th

September, suggesting that Allen Hamilton, esq., might at the payment

of the annuities make an arrangement with the Miamies that would be

"gratifying to the people as well as beneficial to the service."

With this expressed wish of the head of the Department, and after

consultation with you, I wrote unofficial letters to General Samuel

Milroy and to Allen Hamilton, esq., on the 18th September, setting forth

the views of the Department as hereinbefore expressed in regard of

precedent legislative sanction and the importance to Indiana of treating

with the Miamies, whose disposition to cede their remaining lands on

just and equitable terms might not continue. It was thought, however, to

be in keeping with the rule adopted to ascertain informally from the

Miamies what they would be willing to take for their lands when it was

their pleasure to emigrate, etc. It was doubted whether it would be

judicious to reduce the terms to writing, however informally, on account

of the difficulty there might be in convincing the Indians that it was

not a treaty, although it was desirable, if it could be safely done,

that it should be so; and they were informed that a report from them

would answer "all my purposes, as my object is to be able to say to each

branch of Congress upon what terms the Miami lands can be had by the

United States, so that if the terms are approved the necessary law may

be passed." It was suggested that the annuity payment would afford a

good opportunity for procuring the information desired, which it was

expected could be had without any expense, for which there were no

funds, and that if there were it would not be proper to expend them

in the way proposed. (D.[86])

I desire to state the facts as they exist so fully as to exhibit

precisely what has been the action of the Department, without going into

more detail than may be necessary, and therefore annex extracts and

copies of the papers referred to instead of embodying them in this

communication.

On the 28th day of November last a treaty was concluded by Messrs.

Samuel Milroy and Allen Hamilton with "the chiefs, warriors, and headmen

of the Miami tribe of Indians," which was received here on the 19th

instant, accompanied by a letter explanatory of the treaty and stating

it to have been made by "the undersigned, acting under instructions

contained in your unofficial letter dated September 18, 1840;" that it

was made at the annuity payment, when "the views and instructions of the

Department" were "communicated to the Miami Indians in full council,"

and that "after full consideration of the subject they decided to reduce

to treaty form a proposition or the terms upon which they would consent

to cede their remaining lands in Indiana to the United States, subject,

as they understand it, to the approval of the Department and the

approval and ratification of the President and Senate of the United

States before being of any binding force or efficiency as a treaty."

With the original treaty I send a copy of the explanatory letter and of

a communication from General Milroy giving the reasons for the money

provisions made for the chief Richardville and the family of Chief

Godfrey. (E.[86])

It will be thus seen that the negotiation of a treaty was not

authorized; but if in the opinion of the President and Senate it shall

be advisable to adopt and confirm it, I do not see any legal objection

to such a course. The quantity of land ceded is estimated at about

500,000 acres, for which the consideration is fixed at $550,000, or

$1.10 per acre, of which $250,000 are payable presently and the balance

in annual payments of $15,000, which will be discharged in twenty years.

In addition, we will be bound to remove them west of the Mississippi

within five years, the period stipulated for their emigration, and to

subsist them for one year after their arrival. These are the chief

provisions in which the United States are interested. By the second (it

is called in the treaty now submitted the "22," which, if the President

should decide to lay it before the Senate, can be corrected by that

body) article of the treaty of 6th November, 1838, there is reserved

from the cession contained in that instrument 10 miles square for the

band of Ma-to-sin-ia, in regard of which the seventh article says:

"It is further stipulated that the United States convey by patent to

Me-shing-go-me-zia, son of Ma-to-sin-ia, the tract of land reserved by

the twenty-second article of the treaty of 6th of November, 1838, to

the band of Ma-to-sin-ia."

This is a change as to the title of a reservation heretofore sanctioned

and not now ceded, and so far as the United States are concerned does

not vary the aspect of the present compact. There are reserved to the

chief Richardville seven sections of land, and to him and the family of

the deceased chief Godfrey are to be paid, respectively, considerable

sums of money, which it seems from the statement of General Milroy were

debts due to them and acknowledged by the tribe.

The treaty of November, 1838, which was ratified on the 8th February,

1839, extinguished the Indian title to about 177,000 acres of land and

cost the United States $335,680, or nearly $2 per acre. Measured by this

price the present arrangement would seem to be very advantageous. It is

stated by Messrs. Milroy and Hamilton that more favorable terms will not

be assented to by the Miamies under any circumstances, and considering

the great importance of the adoption of this compact, however

irregularly made, to the State of Indiana, as well as the belief that

any postponement will probably swallow up what remains to these Indians

in debts which they most improvidently contract and the conviction that

nothing can save them from moral ruin but their removal west, I think

it would be judicious in all views of the matter to adopt and ratify

this treaty, and respectfully recommend that it, with the accompanying

papers, be laid before the President, and, if he and you concur in my

views, that the sanction of it by the Senate be asked.

Respectfully submitted,

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